Trinity — Motion to Vacate Unlawful Detainer

Source: https://www.trinity.courts.ca.gov/system/files/motion-vacate-unlawful-detainer.pdf

VN147

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) Telephone Number FOR COURT USE ONLY

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA Limited Civil Case

800 SOUTH VICTORIA AVE. VENTURA, CA 93009

PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT:

CASE NUMBER:
NOTICE OF MOTION AND MOTION FOR ORDER
SETTING ASIDE DEFAULT
HEARING DATE: ________________
VACATING DEFAULT JUDGMENT TIME: ________________
STAYING EXECUTION OF JUDGMENT COURTROOM: ________________
EXPARTE COMPLAINT DATE: ________________

MOTION FOR ORDER SETTING ASIDE DEFAULT/VACATING DEFAULT JUDGMENT

1. Defendant ______________________________________________ does hereby move the court, pursuant to Section 473 of Code of Civil Procedure, for an order: setting aside the default entered in this action on ________________________________________________ vacating default judgment entered in this action on ________________________________________________

2. Defendant further moves for an order permitting defendant to: file an Answer, a true and correct copy of which is attached to this motion and incorporated by reference. appear at a trial on the merits.

3. This motion is brought because default default judgment was/were taken against defendant: Defendant was mistaken as to some material fact or law relating to defendant’s duty to respond. Through inadvertence nd/or oversight defendant failed to timely respond. Defendant was prevented from responding due to an unexpected condition or situation which arose, without any default or negligence on his /her part, and which ordinary care could not have prevented. Other ____________________________________________________________________________________

4. Defendant possesses a meritorious defense against the unlawful detainer or other civil action.

Optional Form NOTICE OF MOTION AND MOTION FOR ORDER Page 1 of 2 LF­005

VN147

Short Title: Case Number:

MOTION FOR ORDER STAYING EXECUTION

5. Defendant, __________________________ , respectfully applies under Section 918 of the Code of Civil Procedure, for an order from this court directed to the Sheriff of Ventura County, to plaintiff, and to any other persons acting on behalf of or together with plaintiff, staying execution of the judgment entered in this action on the grounds that: Defendant would suffer hardship if the judgment were to be executed at this time. The judgment may be set aside or modified as requested in defendant’s motion to vacate default judgment. The judgment may be set aside or modified in accordance with defendant’s motion for a new trial. The judgment may be set aside or modified in accordance with defendant’s motion for judgment not withstanding the verdict. The judgment may be set aside or modified in accordance with defendant’s motion for relief from forfeiture and restoration of the tenancy under Section 1179 of the Code of Civil Procedure.

6. The motion filed above is filed with this application, and is now pending before this Court.

   DECLARATION

7. I am the defendant in this action. I am asking the court to set aside default default judgment in this case.

8. I did not file a response to the summons and complaint appear at the trial in the case because I did not receive the summons and complaint until ________________________ . I was unable to come to the court because of the following medical emergency: _____________________________________________________________________________ _____________________________________________________________________________ Other: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

9. I have the following defense to eviction civil complaint for amages

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _________________________ ___________________________________________ Signature of Defendant Optional Form NOTICE OF MOTION AND MOTION FOR ORDER Page 2 of 2 LF­005